October 28, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, Transportation Services
Subject:Appeal of Denial of Application for Commercial Boulevard Parking - 232 Christie Street (Davenport)
Purpose:
To report on the applicant=s appeal of staff=s refusal of an application for commercial boulevard parking on the Yarmouth
Road flankage of 232 Christie Street, because the property has a legal non-conforming use status. As this is a matter of
public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council deny the application for commercial boulevard parking on the Yarmouth Road flankage of 232 Christie
Street;
OR
(2)City Council approve the application for commercial boulevard parking on the Yarmouth Road flankage of 232
Christie Street, notwithstanding the business having a legal non-conforming use status, and that such approval be subject
to the applicant complying with the criteria set out in ' 313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of
the former City of Toronto Municipal Code.
Background:
The Toronto Community Council, at its meeting of October 14, 1998, had before it a communication (October 2, 1998)
from Councillor Disero, respecting Commercial Boulevard Parking - 232 Christie Street.
The Toronto Community Council requested the Commissioner of Works and Emergency Services to report to the Toronto
Community Council on the request for commercial boulevard parking at 232 Christie Street.
Comments:
Mr. Fernando Cordeiro, owner of Moises Grocery, 232 Christie Street, Toronto, Ontario M6G 3B8, submitted an
application on November 6, 1997, requesting a licence for commercial boulevard parking on the Yarmouth Road flankage
of 232 Christie Street for the parking of 1 motor vehicle positioned parallel to the roadway as shown on the attached
sketch (Appendix >A=).
This application meets the physical criteria for commercial boulevard parking as set out in ' 313-39 of the former City of
Toronto Municipal Code Chapter 313.
Applications for commercial boulevard parking are governed by the criteria set out in ' 313-39 of Municipal Code
Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. One of the provisions of the
Municipal Code requires that reference shall be made to the applicable zoning by-law with respect to a commercial
boulevard parking application to ensure the current use is either permitted under the applicable zoning by-law or as a legal
non-conforming use.
According to Urban Planning and Development Services, the current use of the premises as a retail store is permitted in a
residential zone as a legal non-conforming use.
Section 313-42 (F) of the former City of Toronto Municipal Code Chapter 313 states that parking on boulevards in
residential areas where property is used for non-residential uses does not apply to any property in an area that is in a
residential use district under the applicable zoning by-law which is not used as a residential property by reason of a legal
non-conforming non-residential use.
Conclusions:
Staff cannot issue Mr. Cordeiro a licence for a commercial boulevard parking space on the Yarmouth Road flankage
because the business has a legal non-conforming use status.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Acting Assistant Director
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